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WINDING RIDGE v. JOFFE
Supreme Court of North Carolina.
Mar 7, 2008
Important Paras
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Deeds — restrictive covenant — use of property — single family dwelling — lease to college students
A decision of the Court of Appeals that a restrictive covenant restricting the "use" of property to a single family residential dwelling prohibited a lease of the property to four unrelated college students is reversed for the reason stated in the dissenting opinion that the restrictive covenant is only a limitation on the type of structure that may be placed on the property and not a restriction on the type of occupancy permitted within the dwelling.
PER CURIAM.
For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed and this matter is remanded to the Court of Appeals for further remand to the trial court for further proceedings not inconsistent with this opinion.
REVERSED AND REMANDED.
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